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HomeMy WebLinkAbout8.c. Zoning Text Amendment for Temporary Buildings - Sales Offices (Trailers)CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION 'I M e tin Date' November 3 2004. Ci Counci e AGENDA ITEM: Case 04- 55-04 TA Zoning Text Amendment AGENDA SECTION: Temporary Buildings - Residential Sales NEW Business Offices (Trailers)- - PREPARED BY: Jason Lindahl, A.I.C.P. Assistant City Planner ATTACHMENTS:_ Draft Ordinance, Planning Commission APPROVED Y: Minutes 8 -24 -04 RECOMMENDED ACTION: Motion to adopt an ordinance amending Section 4.11, of the Zoning Ordinance relating to Temporary Buildings, to include standards for Temporary Sales Offices. ACTION: BACKGROUND This proposed text amendment is staff initiated. The intent is to create standards for temporary sales offices (trailers) that are part of larger residential developments. Prior to this amendment, the City has processed sales trailers on a case by case basis through individual "Planned Unit Developments (PUD). The objective of the amendment is to establish a baseline expectation of proposed standards for individual developers or home builders, especially if the development is not 'a PUD. The PUD process is still an option for regulating sales trailers if appropriate. PLANNING COMMISSION PUBLIC HEARING Commissioners requested further explanation regarding the permit extension process. They were uncertain about the administrative ability to allow for multiple six -month extensions. With no other questions coming from the audience, the Commissioners adopted the recommended motion with two changes. The substantive change only allowed for one six- month extension rather than unlimited extensions proposed in the draft. The other change was fixing a grammatical error. DISCUSSION The attached draft ordinance outlines the requirements for residential sales trailers. It allows only one trailer for each subdivision and requires issuance of a building permit. The permit is limited to six months or 30 days after the issuance,of a certificate of occupancy for any model home, whichever occurs first. The Planning Commission recommended only one six -month extension, approved administratively, be allowed under the ordinance. However, staff can anticipate some situations that would require more than one six -month extension. For example, the Evermoor sales office was in place for at least 3 years. At this time, it is unknown what Contractor Property Developers Company (CPDC) and Rottlund intend to do with the Brockway 2 *Awed eqj pua:xe of Allilge aqj }uawaldwoo of `eoueulpio aqj olul Noeg pappe uaaq seq 96en6uel sigl , snoulwnliq qj!M paned aq llegs eaae 6ul�jed lle `Iiwjad aq} jo alep leui6lao aqj w0ij JeaA auo Ja}}y„ sem 6ulpiom 94 - sialleal sales wiai jabuol jol seaie 6uiNied 10 6ulned paalnbai aneq pinom 1egj uol�elndljs a papnloul jalloed uolssiwwoo 6uluueld agI ul papnloul uolsaan aql - jean( auo paeoxe of jou pored e ioj eoepns n sselO a uo aq Aew sllejs esagl - (199j aienbs 000` � /sllejs g) sasn aowas pue sales lle}ai aol spiepue }s bulNaed 199ils -}4o aqj jaaw of saalleal sales ajlnbai spiepuels aqj - aJisap }eqj Joai}aa 01 paslnaJ aq pinogs 96en6uel eoueulpio pasodoid aqj `uoljepuawwooaj uoisslwwoO 6uluueld eqj jad `AIOAIIeJIslulwpe paluea6 eq pinogs uolsua�xa auo Aluo 1eq} sleal Ilounoo eqj 11 - juawdolanap aqj uI aaagmasla pajeoolai Isnf sI jallea} aqj jl sI I!Ieueq aqj legm elgeuol}senb sji Inq `sgIuow IeuolIlppe g aa:.e lenowaa JalleJl sales 941 aalnbai pinoo Alp eqj `Alsnoingp - uolleool aallejj sales }uauno eqj jo joedwi eqj pue `Joefoad eqj uo }}al Ino -pllnq jo }unowe aqj `seouelswmip ui a6uego Aue sem aaagj j! uodn paseg uoisualxa aqj 6 UlAoid de ui uoijajoslp asn pinom gejS - uollepuawwooaa uolsslwwoo 6uluueld eqj ql!m }ualslsuooul sI golgm jjels Aq AIanlJeaIslulWpe uolsua�xa 41uow -xis auo uegj avow molle 01 ua}}lann sI aoueuipio pagoepe eqj aiojaiagl - slsenbaa uolsua}xa aldllinw ui jInsai pinoo jegj `sasegd aldipw ql!m `azls a jo sjuawdolanap ajnjnj aq Aew aaagl - juawdolanap Y A City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING SECTION 4.11 OF THE CITY OF ROSEMOUNT ZONING ORDINANCE B Temporary Buildings THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1 . Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended. Section 2 . Rosemount Zoning Ordinance B is hereby amended by adding "Sales Office, Temporary as an accessory use within all residential zoning districts. Section 3 . Rosemount Zoning Ordinance B is hereby amended by adding "Construction Office, Temporary" as an accessory use within all zoning districts. Section 4 . Rosemount Zoning Ordinance B, Section 4.11 is hereby amended by adding the following: Temporary buildings. A. Construction Office, Temporary Temporary buildings incidental to construction work on the premises shall be permitted provided they receive a building permit and such buildings are removed upon completion or abandonment of said construction. (Ord. B, 9- 19 -89) B. Sales Office, Temporary: All temporary sales offices shall conform to the following performance standards: 1. All temporary sales offices sh all receive a buildina oermit. 2. The temporary sales office shall be removed within 30 days of the Certificate of Occupancy for the development's model unit or leasing office or within six months of the issuance of the building permit for the temporary sales office whichever occurs first. If requested in writing prior to expiration of the original six month period six month extensions may be granted by staff. Said extensions shall also expire within six months or 30 days of the certificate of occupancy for the development's model unit or leasing office, whichever occurs first. 3. Each development proiect shall be limited to one temporary sales office 4. All temporary sales offices shall be required to meet the standards of the current Minnesota State Building Code and American Disability Act (ADA). Ordinance B- 5. All temporary sales offices shall meet the setback standards as required for any structure within the applicable zoning district. 6. Temporary sales offices shall have skirting around the entire base of the unit. 7. Prior to use by the public, all temporary sales offices shall provided at least 6 off - street parking stalls for every 1,000 square feet of gross floor area. In addition, the surface of the parking area shall at a minimum consist of Class V crushed rock. Should the temporary sales office exist longer than one (1) year„ the off - street parking area shall be paved. Each parking stall shall be delineated by a concrete parking stop, sign or landscape planter. 8. Temporary sales offices shall be permitted only for residential subdivisions for which a final plat has been approved by the City Council. Additionally, a temporary sales office shall be located on the property for which the final plat was approved. No off - site temporary sales offices will be permitted. 9. All temporary sales trailers shall have access from a public or private paved street. Section 5 . EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 3 day of November, 2004. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of , 2004. Excerpt from the Regular Planning Commission Meeting of August 24, 2004 Assistant Planner Lindahl reviewed the proposed Zoning Ordinance text amendment that was initiated by City staff. The intent is to create standards for temporary sales offices (trailers) that are used for new residential subdivisions. The proposed amendment would allow for one trailer for each subdivision and requires the issuance of a building permit for the trailer. The permit will be limited to 6 months or 30 days after the issuance of certificate of occupancy for the model home, which ever occurs first. Staff may grant a six month extension. Sales trailer must meet the standards for off - street parking which are six stalls per 1000 square feet. Members requested clarification of the draft ordinance. The draft ordinance stated, (If requested in writing prior to expiration of the original six month period, one six month extension may be granted by staff). Mr. Lindahl clarified by restating the draft ordinance as, (If requested in writing prior to expiration of the original six month period, six month extensions may be granted by staff). Commissioner Powell questioned the criteria for granting extensions. Mr. Lindahl responded that it is the intent to have some solid end date to address the removal of the sales trailer. Chairperson Messner confirmed the recording secretary has placed on file with the City all Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning this public hearing. Chairperson Messner opened the public hearing. Chairperson Messner asked for public comments. There were no public comments. MOTION by Powell to close the Public Hearing. Second by Zurn. Ayes: Powell, Zurn, Messner, and Humphrey. Nays: None. Motion carried. MOTION by Powell to recommend that the City Council adopt an ordinance amending Section 4.11, of the Zoning Ordinance relating to Temporary Buildings, to include standards for Temporary Sales Offices with the two changes noted. Second by Humphrey. Ayes: Zurn, Messner, Humphrey, and Powell. Motion carried.